Multiple Sclerosis Disability Claims Law Firm
Receiving a diagnosis of Multiple Sclerosis (MS) is life-changing and can occur at any age. MS is an autoimmune disease affecting the brain and spinal cord (central nervous system), often causing permanent disability and functional limitations. Obtaining long-term disability insurance benefits from a group policy (ERISA) or a private policy is challenging for MS sufferers due to the chronic and progressive nature of the disease. Symptoms can vary widely, overwhelming one day and absent the next, creating difficulties in proving disability.
How Can I Protect My Long-Term Disability Insurance Benefits If I Have Multiple Sclerosis?
The difficulty of documenting MS symptoms makes the assistance of an experienced disability insurance lawyer critical to the success of your claim. Jason Newfield has represented numerous MS claimants, including those who continued working until their symptoms made it impossible to manage their job responsibilities. He can provide guidance and options for your claim.
Building a Strong Disability Claim
An MS disability claim must include robust medical support from a treating doctor specializing in MS. Ideally, this doctor should be a neurologist with a focus on MS. The insurance company is likely to challenge your claim if your treatment is provided by a general practitioner rather than a specialist.
Since MS is often diagnosed through self-reported symptoms, your claim must rely on strong evidence such as:
- MRI scans of the brain and spinal cord showing characteristic lesions of MS.
- Spinal tap results analyzing cerebrospinal fluid for proteins and inflammatory cells linked to MS.
- Evoked potential tests measuring the nervous system’s response to stimulation.
What If My Claim is Classified as a Mental/Nervous Behavioral Claim?
Disability insurance companies may try to reclassify MS claims as mental/nervous/behavioral claims, especially if records mention depression or anxiety. Depression may be a symptom of MS or a side effect of managing the disease. Reclassifying your claim as mental/nervous can limit your benefits to 24 months. If this happens, contact a multiple sclerosis disability attorney immediately to protect your rights.
Common Symptoms of Multiple Sclerosis
Symptoms of MS can vary in type, intensity, and frequency. Common physical symptoms include:
- Balance problems
- Bladder dysfunction
- Bowel issues
- Mobility and walking difficulties
- Spasticity (stiffness)
- Speech difficulties
- Swallowing disorders
- Tremors
- Visual impairments
Other symptoms include:
- Dizziness/vertigo
- Fatigue
- Numbness
- Pain
- Sleep issues
- Weakness
- Sexual dysfunction
Cognitive Symptoms and Their Impact
MS can cause cognitive impairments that affect:
- Executive functions, such as decision-making and problem-solving.
- Memory and concentration.
- Mood and behavior, including involuntary emotional expressions (pseudobulbar affect).
- Speech and communication.
These cognitive challenges often make it difficult to perform job tasks effectively, supporting the need for disability benefits.
Why Your Doctor’s Role is Critical to Your Claim
Your treating physician, ideally a neurologist specializing in MS, plays a vital role in your claim. However, doctors may not have the time to document your condition adequately. It is crucial to ensure that your medical records comprehensively reflect your symptoms, limitations, and inability to work.
Jason Newfield has extensive experience working with MS claimants and their doctors to prepare robust disability claims. His approach ensures that the medical and vocational evidence necessary for a successful claim is gathered from the outset.
Overcoming Challenges in MS Disability Claims
Filing a claim for MS is complicated by the intermittent nature of symptoms. Paroxysmal symptoms, which occur suddenly and unpredictably, can make it difficult to demonstrate consistent impairment. These challenges require careful documentation and strategic presentation.
Additionally, insurers may argue that claimants who managed to work while symptomatic are still capable of working. Jason Newfield understands these tactics and knows how to counter them effectively.
Get the Help You Need for Your MS Disability Claim
The Newfield Law Group has decades of experience representing MS claimants in long-term disability cases. Whether you are filing a claim or appealing a denial, we can provide the guidance and support you need. Contact us for a free consultation at 877-406-7883.